TCA 37-1-183
Dependent and neglected child to remain in related caregiver’s custody if in best interest of child
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What does this charge mean?
This statute says that if a court finds a child is dependent and neglected, the court should order the child to stay with a relative who is already caring for them, if that is in the child's best interest. If the parent later wants to change this arrangement, they must prove to the court that something significant has changed (like the parent can now provide proper care), not just ask for a second chance.
Penalty Details
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Penalty SummaryClassification not specified
If the court finds that a child is dependent and neglected as defined in § 37-1-102(b)(13)(J), the court shall order the child to remain in the related caregiver‘s custody if such an arrangement is in the best interest of the child. Any future order for modification or termination of the related caregiver’s custody brought by the child’s parent shall be based on a finding, by a preponderance of the evidence, that there has been a material change in circumstances. When making such a determination, the court may consider whether the child’s parent is currently able and willing to care for the child or that the related caregiver is unable to continue to care for the child.
View on official sourceLast verified: Feb 25, 2026
Quick Facts
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TCA Section37-1-183